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Why a woman should not take her husband’s surname? Is it jaiz to get husband’s surname.

Answered as per Hanafi Fiqh by Askimam.org

In Islam what are the basic rules & regulation for muslim women to adopt from her father Or her husband. Why a woman should not take her husband’s surname? It is the commen practice specially in Pakistan that Father or Husband try to implement his name with his family womens? Please inform in brief .Please remember in pray.

Answer

While the normal practice in Islam is that a person mentioned their name as “so and so” the son of “so and so” from “so and so” family, clan or area. In today’s society, the mention of the Fathers name has been left out, thus a person is addressed by his/her forename and surname, the surname generally being the name of the family or area. It is taken to be normal that before marriage a female takes the surname of her father and after marriage that of her husband. Thus, it will be perfectly permissible for a woman to take her husbands surname, especially as there are many other factors demanding it, viz.

1. Certain countries don’t regard the children as legitimate if the parents don’t have corresponding surnames

2. It is law in certain countries that in order for a couple to be legally registered as married, the wife has to adopt her husbands surname in all legal documents.

3. In order to prove the man travelling with you for Haj or Umra to be your husband and Wali, the Saudi authorities sometimes demand that the surname on both passports tally.

4. In our society, the women who don’t take the surnames of their husbands are those who want to show themselves as liberated, equal to and liberated from their husbands. Thus by not adopting the husbands surname, it could be misconstrued that she is one of them.

Under these circumstances, it would be preferred for the woman to take the surname of her husband. If both her father and husband insist on her taking their surname than obedience to the husband would be given priority, otherwise a possible solution could be to take the fathers name or surname as a middle name and keep the husbands surname as her surname.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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